County Consultation on Draft
Domestic Violence Law-Issue
Paper
October 2013
Facilitated By
Ministry Of Gender and Development GBV Joint Program,
International Rescue Committee,
Kvinna till Kvinna & Medica Mondiale
Mohamed A. Sheriff Esq. (Domestic Violence Law Consultant)
With support from
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Table of Contents
1. Introduction .............................................................................................. 3
2. Background .............................................................................................. 4
SECTION A ..................................................................................................... 7
3. Coverage & Methodology ............................................................................. 7
4. Key issues ................................................................................................... 8
5: Baseline study on Domestic Violence in Buchanan City by WORIWA (Partner
of KtK) ............................................................................................................ 9
5. 1 Workshop on Domestic Violence Draft Law ............................................. 10
6. Focus Group Discussions by International Rescue Committee ( IRC ........ 14
7. Focus Group discussion by Medica Mondiale ........................................... 20
8. Focus Group discussions facilitated by MOGD ........................................ 20
Section B ...................................................................................................... 26
1. Methodology of the Study ........................................................................ 26
1.1 Field Research ........................................................................................ 26
1.2 REGIONAL CONSULTATION .................................................................... 27
2.0 Key Findings and analysis of Findings ..................................................... 27
2.2Regional Consultation on the Draft Law ................................................... 32
2.3 Key informant interview .......................................................................... 35
C. Conclusion .............................................................................................. 40
Annex A: Groups ........................................................................................... 41
Annex B: Facilitators ..................................................................................... 45
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1. Introduction1
Violence against women and girls includes physical, sexual, psychological, and
economic abuse. It is often known as “gender-based” violence because it evolves in
part from women's subordinate status in society. Many cultures have beliefs, norms,
and social institutions that legitimize and therefore perpetuate violence against
women. The same acts that would be punished if directed at an employer, a neighbor,
or an acquaintance often go unchallenged when men direct them at women, especially
in the private sphere that is within the family. Two of the most common forms of
violence against women are abuse by intimate male partners and coerced sex, whether
it takes place in childhood, adolescence, or adulthood. Intimate partner abuse also
known as domestic violence, wife-beatings, and battering is almost always
accompanied
by
psychological
abuse and in one-quarters’ to
one-half of cases by forced sex as
well. The majority of women who
are abused by their partners are
abused several times. In fact, an
atmosphere of terror often seeps
into
abusive
relationships.
Intimate partner abuse is generally
part of a pattern of abusive
behavior and control rather than
an isolated act of physical
aggression. Partner abuse can take
a variety of forms including
physical assault such as hits,
DVL Focus Groups Discussion in Nimba County
slaps,
kicks,
and
beatings;
psychological abuse, such as
constant belittling, intimidation, and humiliation; and coercive sex. It frequently
includes controlling behaviors such as isolating a woman from family and friends,
monitoring her movements, and restricting her access to resources.
In an effort to develop and enact a comprehensive legislation to protect women and
children in households across the country, the Ministry of Gender and Development
with the support of partners hired the services of a National Consultant to gather
information from the field that will enhance the review of the National domestic
1
Final Consolidated Report by Madhumita Sarkar PhD. Advisor GBV JP with inputs from Mr.
Timothy Paulus GBVJP, IRC, KtK, Medica Mondiale, and section B of the report from Mohamed
A. Sheriff Esq. Domestic Violence Law Consultant
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violence Act. The study was commissioned by the Ministry of Gender and Development
( MOGD) with support from the SGBV Joint programme and UNFPA to interrogate the
status of domestic violence in Liberia with the ultimate aim of coming up with data
and evidence from the field that would inform the development of a Domestic Violence
law for Liberia.
In an effort to further strengthen the discussions on the draft Domestic Violence Law,
consultations and focus group discussions were held across the country by teams
from MOGD and the partners’ viz. Kvinna Till Kvinna, Medica Mondiale and IRC.
Group discussions were facilitated with heads and representatives of 12 women group
from around the country on September 3, 2013 by Kvinna Till Kvinna. IRC organized
Focus Group Discussions in counties with their partners and group in Lofa, Nimba
and Monserrado; Medica Mondiale in Riverjee, Sinoe and Grand Geddeh; the MOGD
covered 11 counties Capemount, Bomi, Gbarpolu, Bong, Bassa, Nimba, Lofa, Grand
Geddeh, River Gee, Rivercess and Margibi. This document captures the discussions,
suggestions, and recommendations from the various group discussions and
consultations held in Monrovia and the counties under Section A.
The study by the consultant was carried out in three strategic counties which are
characterized as representative samples of designated geographic areas, namely, (1)
Grand Gedeh County - representing the Southeast covering, Maryland, River Gee,
Grand Kru and Sinoe counties; (2) Lofa County also representing Nimba, Bong
County, Gbarpolu and Bomi County; (3) Grand Cape Mount County representing
central–western counties of Grand Bassa, River Cess, Margibi and Montserrado ;
Focus Group and key informant consultation were conducted mainly in the cities and
larger towns of Zwedru (Grand Gedeh); Voinjama, Kolahun, Mongolahun ( Lofa county)
Robertsport, Grand Cape Mount County.
The selection of the Groups to be consulted during the Focus Group Discussion was
done by the Ministry of Gender & Development in consultation with the Joint SGBV
Program, UNFPA, and IRC. Both the Ministry of Gender & Development and IRC have
been working with women groups around the country.
The Regional Consultation brought together participants who represented
counties.
fifteen
Section A of the report captures the findings from the various group discussions
by MOGD and Partners and Section B is the report by the Consultant.
2. Background
Domestic violence refers to acts of violence that occur within intimate relationships
and take place in domestic settings. It includes physical, sexual, economical,
emotional and psychological abuse. Spousal violence is a broader term that refers to
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violence between husbands and wives, as well as violence between intimate partners.
This summary paper focuses on the issue of domestic violence.
Domestic violence incurs significant social, emotional and economic costs to victims,
their families and the broader community. Findings from surveys suggest that women
are more likely than men to become victims of domestic violence, but that domestic
violence can occur in a range of different relationship types, circumstances and
settings.
Research suggests that some women may be more vulnerable to becoming victims and
less capable of exiting violent relationships, depending on their age, living
arrangements and abilities.
A number of factors have also been identified as increasing the risk that an individual
will become a perpetrator of domestic violence. Understanding the complex interaction
of attitudes, motives and situational factors underlying offender behavior is helpful in
developing effective prevention strategies.
In Liberia as in other countries Domestic violence is across all socioeconomic and
cultural boundaries. Violence is reported across all ethnic and racial groups. The
prevalence of domestic violence in Liberia is not so widely known, however a study by
IRC ( 2010) shows that 30% of men and 59 % of women believe wife beating is
justified under certain conditions, while 58% of Liberian women are estimated to have
undergone female genital cutting.2
According to the Liberian Demographic Health Survey 2007, 311% of women reported
sexual violence, and 36% reported emotional violence, while 49% of ever-married
women report some type of emotional, physical, or sexual violence.
Article 1 of the UN Declaration on the Elimination of Violence, defines violence against
women as “any act of gender-based violence that results in physical, sexual or
psychological harm or suffering, including threats of such acts, coercion or arbitrary
deprivations of liberty, whether occurring in public or private life.” The General
Assembly Resolution on the Elimination of Domestic Violence against Women expands
the scope of violence to include “economic deprivation and isolation… [Which] may
cause imminent harm to the safety, health or well-being of women”4 The definition can
also be extended to include sexual abuse and harm.
Liberia is a signatory to the AU Protocol to the African Charter on Human and Peoples’
Right on the on the Rights of Women; UNSC Resolution 1325 and iUNSC1820 (Art 13)
urges that all parties concerned, member states, United Nations entities and financial
institutions, to support development and strengthening of capacities of national
2
3
International Rescue Committee: Let me Not Die Before My Time, Domestic violence in West africa, May 2010
LDHS 2007, Survey, Pg 15 Para 5
4
General Assembly Resolution 58/147, A/RES/58/147, 19 February 2004, para. 1(a).
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institutions, in particular of judiciary, health systems, and local civil society Network
in order to provide assistance to victims of sexual violence in Armed conflicts and post
conflict situations.
The Liberian constitution empowers the government to act accordingly with the
growing needs to the Liberian people. (Art 5{b}) states that “The Republic shall:
preserve, protect, and promote positive Liberian culture, ensuring that
traditional values which are compatible with the Liberian policy and national
progress are adopted and developed as an internal part of the growing need of
the Liberian society.5” this is also consistent with (Art.11{c}) of the Liberian
constitution, “All persons are equal before the law and are therefore entitled to
the equal protection of the law.”
While the government of Liberia has demonstrated its political will to establish Women
and Children Protection unit in Police, a GBV Task force at the Ministry of Gender,
hotline for Sex Crime Unit, enacting of the revised Rape law, the creation of Criminal
court E specifically for sex crimes, this is still not adequate, although it is a step in the
right direction. In some cases, allegations are made that the police, prosecutors, or the
courts have facilitated ‘compromise of cases’ in other words taken bribes to discharge
them (perpetrators) from trial.6
With such allegations of ‘compromised cases’, faith in the due process may be lost, or
it increases lingering doubts on admissibility of evidence which is the prerequisite to
winning any case; evidence gathered by duress is not admissible; in such processes,
important elements are lost. Therefore, cases are either thrown out because of lack of
evidence, poor records system, low incentives for investigators or lack of mobility thus
the choice is left to the police to use their discretion in investigating cases.
IRC Study (2010) underlines the complexity of prosecution, it states, “ police attitudes
are a decisive factor in a survivor’s ability to access justice. Too often Police officers
justify not taking domestic violence claims seriously by pointing out that women later
change their minds about pursuing prosecution. Yet women withdraw cases for
complex reasons, financial dependence on their batterer, family and cultural
pressures, fear of increased violence, guilt or belief that their spouse will change"7
As part of the growing need to protect Liberian women and children from Domestic
violence, the government is required by constitution to act accordingly, therefore, in
relation to the fulfillment of that demand, government has to domesticate protocols,
ascensions, or other documents ratified to be in tandem with the national law
5
The Liberian Constitution Art. 5b and Art 11C
In-depth Study on Reasons for High Incidence of Sexual and Gender Based Violence-Recommendations on Prevention and Response- GoL/UN
Joint Programme on sexual and Gender Based Violence, 2011, P52
6
7
International Rescue Committee: Let me Not Die Before My Time, Domestic violence in West Africa, may 2010,
page 15
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through enactment and implementation of
proposed Domestic Violence Law(DVL).
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2013
gender responsive laws such as the
SECTION A
3. Coverage & Methodology
To gain insights of what the Domestic
violence Law should include, a
number of important stakeholders,
community men, boys,women and
girls were consulted at different
points as outlined below
3.1 A Focus group discussions
(FGDs) and consultations with key
stakeholders were held in 11 of the
15 counties in Liberia (Capemount,
Focus Groups Discussion in Grand Geddeh
Bomi, Gbarpolu, Bong, Bassa,
Nimba, Lofa, Grand Geddeh, River
Gee, Rivercess and Margibi) with
leaders and representatives of women group, youth group, GBV Observatories
Networks, members of the GBV county task forces, GBV actors and service providers,
Law Enforcement officers and court officials. A team of three (3) staff from the Ministry
of Gender and Development and the Joint Program on SGBV conducted the FGDs in
the selected counties. A facilitators’ guide produced by the Program Advisor of the
Joint Program was used as the tool for the FGDs and consultations. A total of 385
participants (30-40 participants per county) attended the FGDs, of which 60% were
women. The meetings were interactive and participants discussed issues concerning
Domestic violence , it occurrence, forms and its impact on individuals, family and
community. At the close of each discussion participants made specific
recommendations and suggestions on what should be included in the proposed law
and possible solutions.
3.1. B Focus Group Discussion facilitated by International Rescue Committee in
Monserrado, Lofa and Nimba counties with 230 women.
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3.1. C Focus Group Discussion facilitated by Medica Mondiale in Grand Gedeh, Sinoe,
and River Gee Counties with 60 participants including market women and students.
3.1. D Discussions with 27 heads and representatives of 12 women group from
around the country on September 3, 2013 with the support of Kvinna Till Kvinna
3.1. E Baseline study on Domestic Violence In Buchanan City by WORIWA ( Partner of
KtK)
4. Key issues8
The chapter on Offences against the Family of the draft law was extensively discussed
in the counties. The subchapter OFFENSES AGAINST THE FAMILY - Subchapter A.
Domestic Violence articulates the following:
16.20. Definitions
§16.21.Offense
§16.22. Number of acts amounting to violation
§16.23.Grading
§16.24. Rehabilitation and fines
§16.25. Defense precluded
§16.26 Criminal charges and protection
Referring to the draft law a facilitators guide was prepared to ensure all facilitators
were focusing on the same issues; definitions, offences, what acts constitute
violations, actions taken by the community. What should be done once there is a law?
What do you want to see in the law?
The key issues coming out of the Focus Group Discussions were characterized by the
participants’ understanding and interpretation of domestic violence based on 4 broad
questions.
 What is domestic relationship?
 Who is a relative?
 What is domestic violence? ( Instead of what acts constitute violations)
 What do you do when domestic violence occurs?
8
All responses in the document are captured as articulated by the participants during the discussions.
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 What steps need to be taken once there is a law? ( aimed at eliciting responses
to punishments, capacity building, awareness etc)
 What do you want to see in the law? ( aimed at eliciting responses around
protection strategies to be adopted once a case is reported)
5: Baseline study on Domestic Violence in Buchanan City by
WORIWA (Partner of KtK)
WORIWA received a grant to campaign against Domestic Violence in Buchanan City,
prior to the campaign the organization conducted a baseline survey to capture the
forms and extent of violence women face in the city.
The study covered 11
communities and gathered information from 589 women.
The forms of domestic violence were as follows:
45.8% Exchanged blows
8.7 % abused by alcoholic spouses, .7% alcoholic children, 5.8% alcoholic relatives
19.9% say spouses stopped talking
13.9% say that spouses sometimes threaten to beat children or separate them
19% say spouses criticized them
39.1% said there were unpleasant remarks on appearance
19.3% said spouses often impose dressing styles on them
9.1% women said they were very often locked in a room
11.9% said they were often forced into having sexual intercourse
58.4% women say that at least once their family members or relatives
threatened to kill them
73.9% said they were often abused by the same person
It is clear from the report that Domestic violence is rampant and women often
face violence from children and relatives too.
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5. 1 Workshop on Domestic Violence Draft Law
A one day workshop discussing domestic violence law sponsored by Kvinna till Kvinna
was held at Mamba Point Hotel in Monrovia, September 3, 3013. At the workshop 28
participants from 10 partner organization participated.
The views of women on how they understand the Law and possibly what should be
done when the Law is passed is articulated below.
5.1.1 What is domestic relationship?
 A domestic relationship is a personal relationship between a couple,
children and relatives with respect to culture and social values;
 A union base on marriage, living under the same roof and involving
immediate or extended family members;
 A relationship either by blood or marriage. It is a union that morally
binds people or group of people together;
 A relationship between husbands and wives, boyfriend and girlfriend,
and include their relatives (immediate and/or extended). Also, between
families bonded by marriage living under the same roof or household, in
the same place or compound (group of houses together). Also people
living in the same quarter, tribe or clan.
. Who is your relative?
 Mother, Father, Brother, Sister, Aunt, Uncle, Son, Cousin (1st ,2nd ,3rd , etc), Inlaws, husband, wife, daughter, niece, nephew, grandmother, grandfather, son,
members of the same quarter, village, clan or town, family friends that are
consider “aunties” and “uncles” by our children(this is very Liberian),foster
children, step children, adopted children , next door neighbors ,very close
friends and pets.
5.1.2 What is domestic Violence?
Domestic violence is an act of violence committed against a person or persons whether
socially, economically, mentally, emotionally, physically and/or sexually in the home,
family or community.
 Sexual Violence: any sexual act done forcibly(without consent) to a person(s)
or with consent involving a minor
Examples: touching, caressing, squeezing, descriptive verbal reference to
person’s body parts
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
Physical Violence: Bodily abuse, or violence committed against a person(s)
with the intent to subjugate that person usually intended to coerce.
Example
Kicking, slapping, butting, punching, use of object to hit, inflict injury on a
person’s body

Emotional/Mental: torturing a person especially verbally or mentally to
degrade or intimidate. Example. Name calling, extreme jealousy, trans
aggression, making of threats
Economic Violence: withholding resources from spouse. Example; financial,
food, clothing, etc. Using minors as breadwinners for the family and
depriving them of childhood.

Domestic Violence is any form of violence either in the home, family it is physical,
structural or cultural and can prevent anyone from achieving his/her full human
potential either because of sex or gender. It is also a form of violence that has both
physical and psychological impact on the victim. Example: wife neglect, wife beating,
rape, force marriage, verbal abuse, denying girl child to an education, lack of family
support
Domestic violence is emotional, sexual, physical, psychological abuse by a partner or
another person.
 Emotional: undermining an individual sense of self worth and self
esteem. Example. Criticizing, diminishing one’s attitude
 Physical: battering, slap, blow kicking, pulling of hair or using weapon or
object
 Sexual violence: marital rape between husband and wife. It is also
referred to that action that pressure or coerces someone to have
something sexually.
 Economic violence: denying another financial and social support.
Example: a parent denies a child an education(tuition); a woman is not
allow to take part in decision making
Domestic violence is an abuse against women, man& children which results to sexual
exploration, trauma, and serious bodily harm and also leads to social economic,
cultural and traditional effects. Examples:
 Socially: the person is withdrawn, low self esteem/low moral; lack of
confident in oneself; peer pressure; stigma; family neglect
 Economically: high poverty rate; lack of basic social needs; unwanted
pregnancy, lack of economic empowerment, lack of basic education,
reduction in self esteem, lack of confidence
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




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Traditional/cultural effects: Religious or cultural norms that
interferes or influence marital issues. Early marriage, arranged
marriage, force marriage, culture diversity, traditional belief and
practices, taboo and norms
5.1.3 What do you do when domestic violence happens or is reported in
your community?
All depends on the nature of the case/violence. Take the victim to the hospital
then the police; guide the process in seeking redress; offer counseling and
mediation; create awareness on the topic
Engage victim and/or family; encourage victim to report abuse or violence.
Sometimes directly report the violence to responsible authorities(local, police,
CSO/NGO, etc); facilitate referral path to secure redress or address the issue
Report the violence to the proper authority either police, hospital, court, social
worker community
Meet community leaders, pastors, imam, police, hospital, peace committees,
community watch forum, follow up on the case, provide counseling and send
the victim to a safe home
5.1.4 What should be done once there is a law?
Once there is law, perpetrators, facilitators and compromisers should be
brought to justice serving terms of jail sentence as stated below. Justice should
be served no matter who he/she is in the community, church, government and
family.
5.1.5 What do you want to see in the law?
(Suggestions)
 Physical violence: for children it should depend on the gravity of the violence.
The perpetrator should serve 1-2yrs in prison for brutalizing the child that
leads to blood spill.
 Breaking of a bodily part should be 5 to 10 years in prison and non
billable
 Medical expenses should be taken care of perpetrator and/perpetrator’s
family
 Constant beating of children and partner, 3months to 3years in prison
 Relatives who compromise violence should go to jail for 2 to 6months
 Facilitators(aiding and abetting) a violence should be sent to jail for 6 to
1 year for objective crime
 Economic Violence: Persistent non support violators should be given a sentence
from 6months to 1year
 Salaries or income should be monitored and deducted to support
child/family
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

Support should come through court system
Any police officer compromising persistent non support should be
suspended for 9 months
 Men with many children who often support one set of children should be
brought to justice and forced to support all the children equally. 2/3
percent of income should go to ALL his children
 Abandonment of a mother and child/children, father should be jailed for
7months and damages paid in monetary value
 Sexual Violence: Anyone caught in an abuse of a relative child should have
lifetime in prison
 Minors abuse sexually, perpetrators should have 10-20 years in prison
 With forced sex in wedlock perpetrators should serve 2 months in prison
 Emotional/mental Violence: consistent and persistent proven verbal abuse
 Perpetrators should have 1-3months in prison
 Stigmatizing HIV/AIDS effected persons or others with serious
impediments should have 1 year in prison
 Government should provide safe homes for victims.
Few Cases:
Regarding how the law
does not protect women.
Regarding
support:
non-
”One woman was in a relationship for 5 years- the
man broke her back from fight. They took him to the
police and in court they told him to pay for damages.
But he left and left her with the children”.
“From our own experience at Children Protection Unit, men
who neglect their children are usually income earners. Some of
them are owner of, iPads, laptops, Iphone and have money
but they do not support their children. Let them go to jail!”
“A deduction account where a % of a perpetrators salary
is deducted “
Regarding: How to make
perpetrators pay?
Additional comments
General effect of DV
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




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Creation of dysfunctional lives and homes
Adverse effect on growth of homes, children progress (physically, morally,
educationally, and socially)
Broken home and lives as a result of divorce
Low or lack of self esteem
Physical handicaps, mental depression, death (inflicted or self-inflicted/suicide)
contract of diseases
Most common types of Domestic Violence




Persistent non support
Neglect/abandonment/wife beating and slapping
Emotional abuse leading to stress, depression that leads to death
Sexual abuse and sexual harassment
Challenges faced by a victim



Early marriage
Arranged marriage, poor understanding leading to conflict
Forced marriage that often result in lack of understanding love and also divorce
6. Focus Group Discussions
Committee ( IRC)
by
International
Rescue
Focus groups discussion facilitated by IRC with women’s groups in three
counties Nimba, Monserrado and Lofa on the draft DV law
6.1.1 Definition of Domestic Relationships
Relationship between all the people living in the same house and means a family
relationship, a relationship similar to a family relationship or a relationship in a
domestic/ house/home situation that exists or has existed between you and the
person who has abused you. The women agreed to all the definitions provided in the
draft law.
The nine groups in Montserrado expressed similar views about family/Domestic
relation such as father, mother, children, In- laws, step Children, nephews and nieces
and other family members who live under the same roof and share responsibilities.
Women from Nimba said, Relationship between father mother, children, children living
with you even if they are not your own ‘belly born’ children and family members living
in the same household. This extends to in-laws also. Family relationship include all
the people related by blood including: husband and wife, ‘baby ma’, ‘baby pa’,
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children born to a man and a woman in a household, relatives of the father and
mother in a family. People in the same house that are responsible to each other, foster
children, foster brothers and sisters, children you are taking care of and responsible
for them.
There was extensive discussion on the exclusion under (d) of the draft law,
women raised concerns on i and ii.
‘means a family relationship, a relationship similar to a family
relationship or a relationship in a domestic/ house/home situation
that exists or has existed between you and the person who has abused
you”( DV Draft Law)
d) and the abuser are parents of a child, are expecting a child together or are foster
parents or adoptive parents to a child excluding:
(i.)
where the child is conceived as a result of rape; or
The women agreed to all the definitions from A to K in the draft law, except for (i) of D
which says that a child conceived as a result of rape is not part of the family.
We all know they are born out of disgrace to the
mother already, so there needs to be a place for
them under the law in the home or family.
The women asked if such child is not covered in this law which law will the child be
covered? “Did I ask to be raped”? If this child is excluded it will cause more
problems for the woman and even end with early death. Others said, the man should
understand the situation and give support to his wife by accepting the child as part of
the family. Where do we take the child? Unless the government tells us a child born
out of rape will be taken care of by them (Government?)
Exception:
(ii)
where the parties contributed genes for artificial insemination, in
Vitro fertilization or similar fertilization techniques, but have no other
relationship;
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Also for ii under D The women said No, they do not agree to this and said, if both
parties agree to contribute genes to make a human being, the child should be
part of their family.
6.1.2 Definition of Domestic violence
Beating woman, not providing food in the home, leave woman with the children and
take a new woman, husband’s parent insulting you, making wife work on the farm all
the time for them. Husband have another child outside the marriage and force the wife
to take the child into the home.
Violence that takes place in the home between men and woman, parents and children
in the home is Domestic Violence. The women and children are the ones who suffer
most of the time. Men suffer domestic violence but most of the time it is women and
children who suffer domestic violence and it is the men who carry on this violence.
The bad things that happen to women in the home or family between husband and
wife, boyfriend and girl friend is ‘Domestic Violence’. Beating wife, beating girl friend,
taking the wife sister to be your woman (having sex with wife’s sisters), taking wife’s
money and use it for your personal business, leaving the wife to be on her own after
having many children by her and not supporting them, verbal abuse to wife because
she cannot have children, having sexual affairs with friends of his wife to hurt her, not
taking the wife important.
Forcing step children to have sex, beating wife, not feeding the home, not making farm
for the family, taking the rice from the kitchen and selling it to use for himself. Taking
away all the properties from the woman while you both work to get them; Taking the
woman market money forcibly because he is the man; verbally assaulting wife or girl
friend in public because of a new girls friend; encouraging new wife to insult old wife.
Comments on Sassy wood:
Sassy wood is not good, one woman from Lawalazu died, she was living in Soul
Clinic and her husband was in Lofa (Lawalazu) when he went to Monrovia, he
said that she had a boyfriend, so she should swear on Kola nut. He took her to
her father and the father put the kola nut on the needle and (chanted) over it.
She took the kola and ate it. From that day she started crying from her heart
until she died. If the man wants to leave you, let him go, it is not good to swear.
The women said, ‘YES’ to sassy hood as a form of violence. Several women shared
their experience on witnessing sassy wood in their communities.
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1. I saw a woman who was accused by her husband of loving taking a sassy wood.
The sassy wood man place the cutlass on the fire took it and placed it on the
woman leg and she got burnt.
2. Another boy said, they stole something from him and everyone in that house
was force to take the sassy wood after they went through the exercise one boy
was burnt by the cutlass.
The sassywood rituals of Liberia and the West African coast come in several different forms,
but all feature the “Ordeal tree” (Erythrophleum suaveolens). This tree produces a toxin
similar to the tagena of Madagascar throughout its tissues, but also produces a hemolytic
(blood-thinner), and a convulsant toxin. In the most common ritual, the defendant is called
to ingest a concoction of the sassywood bark. If they vomit it back up, they are presumed
innocent. Another common ordeal is to place a machete into burning sassywood, and when
it’s red-hot, rub the blade on the legs of the defendants. Whichever defendant is burned is
presumed guilty.
Since the disruption of the court systems during Liberia’s civil war, the sassywood rituals
have been regaining ground as “legitimate” alternatives to “Western justice”. Despite being
officially outlawed, the belief in the validity of the rituals has kept the tradition alive, even in
well-educated parts of the country, such as Monrovia. Nevertheless, many people have died
because of being forced through them (unlike the other trials by ordeal, the choice to “plead
guilty” instead of undergoing sassywood is not usually an option – even if it were, it would
mean accepting death by machete rather than death by poisoning), and international justice
communities are seeking to bring down the use of these rituals.- by Arallyn Primm
3. Yes, some times when a woman stays long in a labor she will be asked to
confess and because of the pain she may lie. Several similar examples were
given sassy wood.
a) female genital mutilation performed on a person under the age of eighteen
(18) or a person eighteen (18) years old or over without their consent;
Response:
We agree to the above being included in the law, but when a child follows her
friend to the society bush because she was encouraged by her friends it is not
the parents who did it or a family member. We have some cases of our girls
following their friends to go to the bush and causing us to spend money we did
not plan to spend that way.
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6.1.3 What do you do when Domestic Violence happens/reported in your
community?
Following were the responses of the women from different groups:







First we can see and hear from the person on how the thing happen,
when, where and who did it
We tell or encourage the person to talk with someone who can help in
her situation
Follow up and continue to visit the person until she gets alright.
Sometimes it is reported to the police when it is too violent
We as women action group refer or report to the town chief
We refer to the family who can help in the situation
If the woman is beaten badly the town chief forces the man to take the
woman to the hospital and fine him.
The women were asked who benefits from the fines. They said the town chief and the
elders!!
The women also said ‘as women groups they document cases, do counseling, refer
cases to other service providers and make follow up visit’.
According to the women family members most often compromise such cases,
community leaders want to find solutions at the community level instead of taking the
community problem to the police, police often take money from people, when physical
injuries occur the decision is seldom taken by the one who is injured, family members,
friends and neighbors make decision on what to do if the husband is not willing to
take responsibility.
The women also said that:

‘We can report to our parents, because in our community, even if you are ill
treated by your parents, you tell them. If you go and tell others, they will look at
you to be the bad person. You tell your parents and they will tell you what they
think you should do’.

‘If the problem is serious, a woman reports her husband to the police for
beating her. If you report to the town chief he will send you to the family to talk
over the matter. He will chastise you for reporting to him, before sending you
back home. The man’s family and your family will not accept you. It can even
result in the man leaving you and your children.’
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6.1.4 What should be done once there is a law
Some of the proposals made by the women were:










Government should make sure it is on radio in kissi so all the people will
understand it
Train the magistrates on the law and how to use it.
Hold town hall meetings to explain the new law to all women, men, boys and girls
because- the boys too are treating the girls badly as they are riding motorbikes and
getting money
‘The women action group should be trained on the law and supported to teach people
in our communities on what is in the law’. Include men in telling people what is in
the law. Teach the law to the police, magistrates, community leaders, Let everyone
know about the law.
Involve the various radio stations in Nimba to talk about the law in mano, gio and
Mandingo.
Put the law in postal sheet, bill boards so that people will read it and understand
everything in it.
The government should send people to Barkedu to read the law and explain the
chief and the elders.
Tell the men here what is in the law and what will happen to people who do not
uphold the law.
The law should be explained in Mandingo so it will be accepted by us the Mandingo
people here: men and women
Announce it on the radio
Having this law is very good and we appreciate the effort as these are the silent killers
for women in their own homes.
We appeal for:
1.
Women should be supported to feel free to take decision to take the husband to
law suit and they should get helping hand while the case is going and even
after. Your own family may even go against you if you take your husband to
court.
2. There should be program to help women be safe to take their action. Safe home
where she can have food to eat and not think about where to eat food from, her
children school fees also so, she will be able to rest and think on what next to
do.
3. Support her in making business and support her when she is going through the
tough time in court. She needs time to rest and heal and this is expensive.
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Only way women will seek justice is if they know they will be taken care of while
the process is on. A woman may start today and with draw tomorrow because,
she cannot cope with responsibilities like, looking for food, transportation to go
to the court, children wellbeing, pressure from people all around her blaming
her for not bearing the beatings
7. Focus Group discussion by Medica Mondiale
The Group discussions were facilitated by Atty. Alice Kenkpen Sirleaf who began by
explaining the significance of the discussion and the approach of the Government to
address the issue of Domestic Violence. The participants agreed to all the definitions
provided in the draft ACT. The comments on sassyhood and FGM were as follows:
They agreed on the inclusion of sassyhood, trial by ordeal, forced FGM before 18
years, and forced marriage as domestic violence law. They responded affirmatively and
stated the wordings should be as follows:
“If every single incident of
physical violence between a wife
and husband or between family
members
will
constitute
domestic
violence,
then
compromise of cases will even
be higher than that of the cases
of rape”
-
“No woman should be forced to take sassyhood
to confess crime, boyfriend name, and the
name of the person who impregnate them.”
“No woman should be forced in the act of FGM
before 18 years.”
“No woman should be forced to marry a man
who she does not want to marry.”
County Attorney, Nimba
County
8. Focus Group discussions facilitated by MOGD
.
The MOGD facilitated FGD in 11 counties (Capemount, Bomi, Gbarpolu, Bong,
Bassa, Nimba, Lofa, Grand Geddeh, River Gee, Rivercess and Margibi) with network
members, women men’s and youth groups
8.1.1 Key outcomes of discussions from the county FGDs
Participants across the 11 counties agreed that violence against women and children
in homes occurred every day. However, “we don’t know how they call it. All we know is
that this is how we met our parents. The women and children in the family must respect
the man every time because he is the big person for the family. He has the right to beat
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his wife and children any time if they make him vex” says a female member of the GBV
Observatory Network in River Gee County.
Most of the participants’ previous
understanding of domestic violence before the sessions was that it’s accepted by the
culture so it is “okay.” The views expressed by the participants of the FGDs in the 11
counties are summarized below.
8.1.2 Definition of Domestic Relationships
The general definition of domestic relationship from the
FGDs in the counties is:
-
A relationship that exists between families and a
group of people who live in the same house,
quarter, village or town9.
8.1.3 Definition of Domestic violence
“Men are quick to get
vexed when they are
not working or when
they don’t have money.
Every small thing you
tell them will make
them angry – even if it
is for their own good is
this Domestic
Violence?”
-A female participant from
Grand Bassa County
After hours of heated deliberations and exchange of ideas
“So if my husband does not beat me every time, but when he beat me once in a
while because, I make him vexed, you say I must report so you can put him in jail
or fine him?”
-
Head, MOGD Rural Women Network, Gbarpolu County
the participants in most of the FGDs defined domestic violence as any violence
perpetrated against any member of the family or relative who lives in the same house,
compound, quarter or village; it could be physical, psychological, economical, sexual,
and emotional. In Grand Geddeh one participant specifically highlighted the issue of
“Coercion” when speaking of psychological and emotional violence. Participants
expressed fear of the DV law being too harsh as the way they conceived the rape law.
The participants considered domestic violence as slapping, kicking, beating which
result to physical harm, forced marriage, denial of right to education in the family (for
example, in many parts of Liberia parents will prefer their sons going to school, while
the girl child is confined to domestic work), persistent non-support, verbal abuse,
9
A quarter in rural Liberia is defined as a number of houses constructed in close proximity of each other in the same town. In
Liberia people who live in the same quarter are referred to as families or relatives. Under this arrangement, although there are
heads of various households with in the quarter, everyone looks up to the oldest male family member to be the head of the
quarter.
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coercion, threats of actions that influence another person. This includes any behaviors
that frighten, intimidate, terrorize, manipulate, hurt, humiliate, blame, injure or
wound another person.
Facilitators’ comments
During the discussion participants defined domestic violence based on their own
experience and contexts. The discussions in all the sessions explored the debate
on whether domestic violence is gendered or not. While initially the arguments
focused on violence perpetrated on women by their intimate male partners and
family members, participants noted the existence of male victims and female
perpetrators and also violence between other family members such as young
people towards parents or siblings and adult children towards older parents.
Most participants insisted that the central element of domestic violence is an
ongoing pattern of violence or behavior by the perpetrator. They stressed that a
single incident should not constitute domestic violence except in the case of
serious bodily injuries sustained by the victim. It was explained to them that
Domestic Violence is most often a pattern and never ends in one slap.
8.1.4 Causes of Domestic Violence
Participants of the county FGDs named three (3) main causes of violence in families
and homes as follows:
Jealousy
Participants believe that most incidences of fighting
or beating of women in families is due to men
accusing their women of extra marital affairs. Most
men accuse their women of cheating and are
jealous of friends (female) they make in their
community.
Use of Alcohol
Among the possible causes of domestic violence
“He follows me secretly
when I am going to school.
Because of jealousy, he does
not want me to talk to
anyone,
even
my
classmates. Many times he
jumped on me and beat me
because he saw me with
some
of
my
female
classmates. He accused
them of finding man for me”
-A young woman in Zwedru,
Grand Gedeh County
against women, alcoholism is the most frequently
mentioned cause across all the focus group discussions.
Most participants stressed that alcohol plays a major role in domestic violence. They
lamented that when men are intoxicated they tend to force and manipulate their
women to have sex. Any attempt to refuse leads to beating and serious verbal abuse.
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Cultural belief (gender roles)
Most men view women as objects and believe in rigid gender roles. Culture makes
women as subjects and objects, thus offering a setting for men to control women in
Liberia.
Poverty and unemployment
Poverty and Unemployment were also widely seen as contributing factors to domestic
violence, across the 11 counties with older people especially likely to see violence as
having an economic explanation. One of the participant said that “men quick to get
angry when they are not working or when they don’t have money. Every small thing
you tell them will make them angry – even if it is for their own good.”
4.4.4 Access to Justice & protection of victims
Participants recognized the huge flow of domestic violence cases once there is a law
and people decide to comply by reporting incidences of domestic violence. Therefore to
ensure access of justice, participants recommend that the Act considers the
establishment of “stand alone” domestic violence courts across the country to deal
specifically with domestic violence. Presently in most communities, domestic
violence cases are handled by town chiefs, elders, and traditional and religious
leaders. Participants in most of
“Women who are abused cannot report
the FGDs revealed that 90% of
their husbands to “outsiders” because
domestic
violence
cases
are
compromised.
Most
incidents
do
according to our culture, you are bringing
not even get to community leaders
shame on your husband.” Felecia Jallah,
because of culture and fear of
GBV Observatory member from Potupo
more
abuse.
Participants
unanimously
stressed
that
District in River Gee
women who muster the courage
to complain may not get redress
in their favor and in most
instances are exposed to further
violence. In view of this participants suggested that the draft Act should consider the
issue of PROTECTION OF VICTIMS WHO WILL REPORT DOMESTIC VIOLENCE.
Failure to ensure protection will become an incentive for wide spread compromise.
8.1.5 Training of Domestic Violence Officers
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The causes of domestic violence are very complex, to a large extent systemic, reflecting
deeply held gender views in our communities. There are also a number of factors that
greatly exacerbate the likelihood, frequency or severity of domestic violence. Therefore
to deal with domestic violence participants suggest that Law enforcement officers
handling domestic violence issues must be adequately trained.
Following on with the issue of understanding the dynamics of relationships,
Cllr. Hector Quoguah, County Attorney of Nimba County provided the following
scenario:
“When police officers are attending domestic violence incidents it is difficult at times to
identify the ‘primary aggressor’ and the ‘primary victim’ … Thus it is important for police
to have an understanding of the complex nature of domestic violence and the
manipulation and power dynamics that are involved to aid them in their role as domestic
violence officers. Police need to know who is at greater risk and who should be excluded
from the home. Sometimes the aggressor gets to the police first; sometimes the victim is
not a strong communicator. Moreover, a female victim might be upset and take it out on
the police officer and thus seem to be the aggressor when in fact she is not. As one can
understand, this is a very complex area and training of officers is paramount and should
be comprehensive.”
Facilitators’ comments
Some participants stressed that considering domestic violence as violence within the family,
or within a group of people who have the same identity, the proposed Act should consider
other mechanisms in term of a process in bringing perpetrators to any kind of justice
required. They spoke of mediation in domestic violence cases. However most of them
maintained that any consideration of mediation in domestic violence matters would
need to be approached with extreme caution and requires thoughtful and detailed
consideration, with appropriate checks, balances and protection in place, for victims of
domestic violence.
8.1.6 People living with disabilities
The FGDs participants recognized the unique vulnerability of people with disability to
abuse, neglect and exploitation within families, and considered it important that there
be no dilution of protections for them in the proposed Act.
8.1.7 Punishment (jail terms and fines)
In terms of punishment for perpetrators of domestic violence, views of participants
were diverse on the issue across all of the FGDs in the 11 counties. In some counties
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participants call for jail sentences ranging from 1 month to 5 years depending on the
gravity of the crime. In other counties, participants preferred fines for perpetrators,
while other preferred fines for “lighter” offenses but jail sentence for incidences that
will cause physical harm such as breaking or bruising of body parts. Most participants
stressed the drafters of the Act most ensure that provisions in the law must be
implemented as articulated.
9.
Fears and Concerns of Participants

A domestic violence law could create conflict/division among and within
families.

Lack of capacity of Law Enforcement actors and courts to deal with the high
skill of reporting once there is a law

Compromise of case (why a law when people will not report the crime?)

Before the law takes effect, GOL and partners must conduct an aggressive and
consistent awareness in communities

How will the law address the cultural and traditional norms within families and
households (Early marriage, force marriage ,etc)

Women who report domestic violence (especially consistent beating by an
abusive husband) are exposed to more violence

Lack of protection for women who report domestic violence

Domestic violence law should not be seen as “too harsh” as is the impression
most local people have for the rape law.

Special protection for women with disability.

Training of officers
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Section B
Section B captures focus group discussions, regional consultations and Key informant
interviews facilitated by the consultant who was hired by the Ministry of Gender and
his team.
1.
Methodology of the Study
In an effort to meet the goals; data collection instruments10 were developed to gather
views of different stakeholders through discussion and key informant interviews. Key
elements that should be considered in the drafting of the domestic violence law were
considered, including participatory approaches involving group discussion with
Women, Youth (boys and girls separately), Men, Religious (Christian and Muslim
separately), traditional and local authorities.
The field research focused on issues that constitute domestic violence; the draft law
was presented at the Regional Consultations where participants reviewed and provided
recommendations for inclusion in the law. The Key Informant Interviews were held
with key decision makers to elicit their recommendations for the law.
1.1 Field Research
In order to frame the questions for each focus group, the consultant designed
questionnaires in collaboration with the Steering11 Committee, Ministry of Gender and
key partners who had prior experience working on domestic violence.
The Head of Women and Children Protection Unit of the Police, Minister of Gender,
and Judges in the specialized Criminal court E, other Circuit Courts, County
Attorneys were selected as the experts to be interviewed based upon their reputations
in the field and the fact that each had an in-depth experience in establishing policy
and control mechanisms in domestic violence.
The Head/members of the Traditional Council of Liberia, the Head/members Council
of Churches/Church Leaders and the Head/Members Muslim Council of Liberia, and
local Leaders were interviewed.
10
Annex C
11
Steering Committee Members are; Deputy Minister Victoria Lang MOJ, Deputy Minister Annette Musu
Kiawu MOGD, Cllr P. Teplah Reeves Affel, Cllr. Zeor Daylue Bernard, Cllr. Yvette Chesson-Wureh and
Noxy Brown Angie Brooks Center, Cllr. Felicia Coleman, SGBV Crimes Unit, Damare Theriot PAE,
Abhilasha Bhist UNICEF, Stella Twea UNFPA, Siena De Tutu UNMIL LJSSD, Mohmad Sherif EHUD,
Madhumita Sarkar GBV JP and Joseph Monibah, Human Rights MOGD
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At the start of each session (FGD), ground rules were established to ensure remarks
made during the discussion would not be attributed to any individual; rather, the
aggregated data gathered would be recounted in a summary report that would
constitute the final report. The notes of each of the focus groups were taken by three
male facilitators one from the Human Right Division of the Ministry of Justice, Human
Right Division of Ministry of Gender and Development, one partner EHUD and one
female from IRC.
The review committee had agreed before the consultant left for the field that the
following stakeholders would be asked to participate in a focus group for each
particular constituency:

Men

Women

Youth (boys separate from girls)

Local Authorities

Traditional Leaders

Religious Leaders (Christians separate from Muslims)
In all, one hundred and eighty (180) people participated in six (6) focus groups
representing each region breakdown by sex and group. The groups were held in
various locations around the country to ensure diversity, ethnicity, gender and
geographic location, traditional practices and culture; people were encouraged with an
interest and expertise in this subject to participate meaningfully.
1.2 REGIONAL CONSULTATION
The Regional Consultations brought together 90 participants; six participants were
drawn from all fifteen counties to review the draft domestic violence bill and bring up
other issues considered by their community as Domestic Violence, this composed of
men, women, youth, religious leaders, traditional leaders and local authorities, The
discussions were guided to keep the participants focused on the issues.
2.0 Key Findings and analysis of Findings
2.1 What do you consider as Domestic violence?
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Definitions of Domestic Violence
“The bad thing men do to women in a relationship, like not feeding wife and children or
sending children to school”- Women group, Grand Gedeh
Women explain that in some relationships whether you are married or cohabiting,
some men have the financial resources they will deliberately refuse to take care of the
family and cause the children to suffer.
“Any harm that you (any member) cause on your family”- Men group, Grand Gedeh
“The action you take to suppress members of your family”- Youth Group, Grand Gedeh
“Any action that causes metal disturbances” – Men Group, Lofa County
“Refusing your partner every right in marriage” – Women Group, Lofa County
“Violence against vulnerable persons in the home” –Youth Group, Lofa County
“Any violence perpetrated against a person in the family” –Women Group, Grand Cape
Mount County
The forms of domestic violence in communities
The forms of Domestic violence observed in the communities are grouped together by
the forms of abuses, what is noteworthy is that the issues are cross-cutting in the
counties and there are limited violations unique to specific settings in Liberia.
Participants further listed other violation that do not fall into the internationally
recognized abuse, however these are unique in the Liberian situation.
Different forms of Domestic Violence found in communities
Forms of abuse
Characteristic behavior
Physical abuse
Slapping, Kicking, Biting, Threat of force or harm you, Used of
fire arm or weapon, Threatening or physically assaults,
including punching, choking, hitting, pushing and shoving,
throwing objects, smashing objects, damaging property,
assaulting children, burning property belonging to another
Sexual abuse
unwanted sexual contacts, including rape, incest, deliberately
Infecting your partner,
Economic abuse
Not paying school fee, Not feeding your family, Not paying rent,
Exerting control over household or family income by preventing
the other person’s access to finances and financial
independence (not allowing people to go to school, gainful
employment or legitimate businesses
Emotional, Verbal humiliation, threats, insults, swearing, harassment or constant
&
psychological criticism and put downs,
abuse
Cultural abuse
Witchcraft, FGM, Charms, Sassaywoods, forcing people to drink
herbs or portions
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Although there are on specific laws addressing Domestic Violence, the Liberian
National Police Women and Children Protection Unit has limited data on domestic
violence violation for which it is currently using in address women’s grievances. This
data is a useful reference to gauge the of prevalence of domestic violence in Liberia.
2.1.1 When these things happen in a community what actions are taken to
address them?
i.
Who do survivors go to for help?
Research from this survey shows that aomen prefer the use of the under listed means
to address domestic violence violation all the three regions; no one method have
proved effective as recounted in a focus group discussion.
Police (women and children protection units, Hospital, Chiefs, Family members,
Gender ministry,
NGOs, Traditional leaders, Club leaders, Close Friends, Women
action groups
“When my boyfriends beat me and threw my things out, my friend came and took me to
her house and after I made the complaint to the police, she gave me and the children
clothes and food” –Women Group, Grand Cape Mount County
Domestic violence is committed equally by males and females a view shared by some
sections of the community, particularly males. For example, one in five respondents in
this survey indicated that they believed that domestic violence is perpetrated equally
by both men and women.
Majority of women are ashamed to report abuses against them due to cultural
reasons; traditionally women or men do not take their husbands or wives to court or
police for any abuse because they believe that it is a family matter. It is considered
non masculine to complain that you were beaten you up if you are a male or refused
food, women feel afraid because they fear more violence. This is because society has
set of norms and mind-set on what is expected of a matured man and woman.
Both men and women report to
Family members, Religious leaders, Close friends, Traditional leaders
Men usually express their frustration through alcohol or aggressive behavior in the
home, leading to physical violence, or withholding financial resources needed by the
family.
Apart from differences in the prevalence of violence, there are differences in the nature
of the violence perpetrated by males and females against their partners. Males are
more likely to engage in violent behavior against their partner (not limited to physical
violence) and the violence is more severe and more likely to result in serious injury as
concluded in this findings that domestic violence can be categorized as either:
 involving aggression, intimidation, verbal abuse and physical violence to assert
domination and control over a partner; often resulting in broken body parts
 involving tradition & culture, religious as a driving force or
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 An impulsive act committed in response to emotions of frustration and anger,
with no real expectation of achieving a set objective.
However, women who are violent are more likely to be driven by frustration and anger
rather than by a specific objective, and their violence is more likely to be committed in
self defense and common ploy used refusal of food or sex.
2.1.2 What are the services that are available in your community to help
survivors?
The research showed that, four out of every five women surveyed were of the opinion
that Domestic violence is the most common factor contributing to homelessness
among women and their children. They may be forced from their homes in order to
escape violence, disrupting children’s schooling or social support networks. Women
who have lived or still living with a violent partner are also more likely to experience
financial difficulties or hardship as a result of the relationship.
Support services like safe home for women are only available in one of the regions
Region 1. Grand Cape Mount, Montserrado, Grand Bassa, and Margbi counties,
however, family support, NGOs, Faith based assistance, Elders and the chiefs’ wives or
Zoes also provide help to the community when required.
“In our place, when your husband is drunk, and starts to destroy things or is violent
in the house we call on the elders who in turn ask their first wife to assist us for some
time until the dispute or issue is settled” – Women Group, Grand Gedeh
While there is limited support for women, there are no formal services available for
men, in all three Regions, when Domestic violence issue occur, men are often viewed
as antagonist instead of partners in the eradication of the abuses.
2.1.3 Do you think you are actually protected with the current mechanisms in
place? (Women and Children Protection Unit at the police, hotline at sex
crime unit, Rape law, Criminal court E etc…) formal /traditional
During the discussions, most participants agree that the current mechanisms are a
positive step, however; more needs to be done to address domestic violence in a
holistic manner.
Most men in the discussions, were of the opinion that they are unfairly targeted by the
current policies regarding domestic violence, women were of the opinion that the
policies could contribute greatly to relief from violence, however it needs to be
monitored, especially cases where the police have delayed investigation or sometime
manipulated the outcome of their investigation branding the victims guilty before trial.
The availability of limited numbers of judges who are specialized in sex crime and
police coupled with ignorance of the rights of women could be a limitation and
exacerbate the issue.
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What is noteworthy is that children and older women continue to be targeted, often
using culture to abuse and denying them their rights or manipulating religious beliefs
and practices to force victims into subordinate roles or to justify abuse, this is clearly
evident amongst all religious faiths and communities.
Most women were of the opinion that subordination to their male counterpart is an
essential component of the religious observance of their faith.
2 Corinthians 7: “wives be submissive to your own husbands and the church is
submissive to Christ”
Witchcraft accusations have often been used against children or older women,
participants also reported that two out of every three older woman who is poor,
destitute in a rural setting or the family is undergoing serious financial difficulty is
“One day, our older aunt was living the home with us, and my uncle wife had a
miscarriage and she said that in her dream, she dreamt that our aunty was pulling
the foetus out of her womb and it happened the next day so she was a witch. As a
child I felt too bad and too scared until the zoes came and took her away to the
Sande bush” –Women group, Grand Cape Mount County
likely to be accused to witchcraft.
The local structures continue to play a role in addition to the work of the Criminal
Justice system, there is some evidence that children who observe violence (especially
siblings and parents) by someone with whom a child identifies with closely (eg. a
parent), contributes to intergenerational transmission of violence.
There is also an association between domestic violence and child abuse (child
physical, sexual and emotional abuse) and neglect, which is related to a range of
negative physical, psychological and emotional consequences.
2.1.4 Obstacles to the prevention Domestic Violence
The prevalence, severity and form of domestic violence, access to services and capacity
to leave violent relationships differs within a community, with certain groups more
vulnerable than others. Domestic violence is more prevalent within certain
communities especially amongst rural women in Liberia or communities with strong
religious affiliations and cultural beliefs. Women with traditional gender role attitudes
are less likely to report violence; one possible explanation for the low reporting rate is
that victims of physical or sexual violence committed by current partners may be less
likely to perceive the incident as a crime than if it were committed by a stranger.
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Other reasons include a belief that the incident is too minor to report, shame or
embarrassment, a desire to deal with the issue themselves, fear of the perpetrator or of
the consequences of reporting the incident, cultural barriers, and concern about
having to relive the event by re-telling the story to multiple parties
A key issue preventing Liberian women from accessing counseling, legal and medical
support services is the closeness and breadth of kinship groups. This can impact on
an individual’s anonymity and their decision to disclose offences for fear of social and
physical repercussions, alienation and upheaval within the community and the family.
The risk of violence varies across different communities; however, there is a greater
risk of violence against women in communities where the following attitudes or norms
exist:
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Traditional ‘macho’ constructions of masculinity;
The notions that men are primary wage/bread earners and the heads of the
household whereas a woman’s place is in the home;
standards encouraging excessive consumption of alcohol, extra-marital
relationships, polygamy;
standards that facilitate peer pressure to conform to these notions of
masculinity
deep rooted religious and cultural practices, violent media portrayals and
lack of comprehensive legal framework to address domestic violence and its
support services
2.2Regional Consultation on the Draft Law
2.2.1 What do you consider as Domestic violence?
§16.20. Definitions
The definition of Domestic Violence as articulated in the draft law under section16.20
was shared with the participants. All were accepted and few additional suggestions
were made for inclusion in the law. They are:
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Use of witchcraft and charms to abuse a person
Cultural abuse
Infecting a partner knowingly
Forcing someone from your family be a member of any secret society
Intimidation of additional definition: yelling at someone
Abuse of Child that resides in and out of the household (foster houses,
mission’s homes).
§16.21. Offense
Regarding offences suggestions were made to include the following:
 Miss-use of the rape law
 Witch craft
 Use of Charms
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Infecting an innocent partner or concealing information of such
Stalking should not apply to children, as they need to be guided by parents
§16.22. Number of acts amounting to violation
Number of acts amounting to violation is accepted; however the participants were of
the opinion that traditional leaders or local structures should have a role and
jurisdiction over some of the issues. As a single act constitutes a violation under the
law
§16.24. Rehabilitation and Fines
When a defendant has been convicted of domestic violence, the court may:
(b) impose a fine pursuant to section 50.9 of which twenty-five (25) percent
shall go to the Domestic Violence Victim’s Fund; or
Respondent questioned why a portion of the fine imposed should go to the
government?
Civil Procedure Law
Amendment; Chapter
Subchapter G Specific Orders (Main Provisions)
7
Provisional
Remedies
The participants agreed to Criteria, provisions etc under this chapter and had some
comments under Terms of the final Protective Order.
§7.155.Terms of the Final Protective Order
b) The court may on court’s own motion: direct the respondent to surrender any
firearm or other specified weapon in possession of the respondent
The respondent at the consultation questioned, what will be the case of those who use
firearms such as Police, Army and other security personnel’s’ on official duty and have
the right to take those arms home?
►include requirements that a party shall make in favor of another person such
periodical payments, for such term, as may be specified by the court, or that a party
receive counseling, or grant exclusive tenancy of any shared residence inclusive of the
use of household items; or require the respondent to vacate the matrimonial home or
any other residence shared by the applicant and the respondent and grant the
applicant exclusive possession, regardless of ownership, subject to a time-limit; or
This portion of the civil procedure was seriously questioned as this will infringe on the
other rights of use exercise
Amendment to Executive Law
Establishing Ministry of Gender and Development
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Section 38.3. The Mandate of the Ministry of Gender and Development
The participants proposed the establishment of programs and services for
perpetrators, victims, law enforcement, prosecutors, judges and the public including
 Chiefs
 traditional leaders
 Religious institutions that will work on DVL issues
e)
Training of law enforcement and judges, prosecutors to be aware of the issues
relating to victims in cases of domestic violence; and
Additionally: Chiefs, Traditional Leaders, Religious institutions
Section 38.11. Victims of Domestic Violence Support Fund
Fund Management Board composition:
Participants are of the opinion of two vice chairs, one of which is Victim’s organization
representative, then representatives of the religious bodies and traditional leaders
Recommendations to the drafting Committee
Recommendation 1: expand the scope of definition to ‘Cultural abuse’
Amend §16.20 by expanding the scope of the definition to cover ‘Cultural abuse’
Cultural abuse- includes but not limited to the following;
a) causing, through threats of force, physical force, coercion, of a person in a
domestic relationship to witness or participate in any ritual, traditional rites or
ceremonies without their inform consent
b) removing or attempting to cause a removal of child, putting a child in position
of vulnerability to hear, witness or participate in any ritual, traditional rites or
ceremonies without the consent and proper supervision of the customary
caregiver/guardian
making inscription on the skin or any form of tattoos or similar without inform
consent, administration of obnoxious substances causing ‘serious bodily
injuries’(contrary to section 1.7 of the penal law) or any other acts or omission the
court finds comparable in gravity
Recommendation 2: Provision for Traditional Structures
Amend the provisions under the domestic violence act to accommodate the traditional
structures
i. Religious bodies
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ii. Chiefs or Zoos
iii. Community Based Organisations
iv. Community policing
Recommendations 3: provision for witness protection
Make a provision that other applicants or witnesses and their relatives have the same
privilege of the protective order and immunity from prosecution of libel
Recommendation 4: Amend the Executive law, of Section 38: 3&11
Amend the Executive law, of Section 38: 3&11 to include specific roles of the UN,
NGOs and other concern groups
Recommendation 5: Amend the current draft to include Fire Arms control
Amend the current draft to include a sub-section on fire arm control, use, exemptions
in relation to the domestic violence law Why was this proposed and what did
respondents feel that this is necessary?
2.3 Key informant interview
Expert Interviews
Judge at Criminal Court E (Felicia Johnson); is the only presiding judge dealing
with sex crime cases in Liberia, and domestic violence issue falls within her
jurisdiction. This interview occurred at the Temple of Justice.
Minister of Gender & Development, (Julia Ducan-Casell; PhD) is currently the
Minister of Gender & Development whose ministry is the lead in the development of
the domestic violence law and an ardent women advocate. Dr Ducan-Casell had
previously served as a Superintendent of Grand Bassa County one of the fastest
growing youth populated counties of Liberia, where issues of Domestic Violence and
Sex Crime is on the increase.
Muslim Council of Liberia, (Sheik Kafoumba Konneh)- is one of Liberia’s leading
Islamic scholars and currently the Chairman of the Muslim Council of Liberia and one
of the few leaders with high moral standing who participated in brokering the peace
which Liberian now enjoys. The interview took place at his home office.
Christian Leader (General Superintendent of Assembly of God Church) is the
presiding Bishop of the Assembly of God Church (AG) and hold a Doctorate in Divinity.
The church has a large following among the Liberia population and stands in a
persuasive position and one of the opinion leaders in the Christian circle. The
interview took place at the Church’s National Conference.
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National Traditional Council of Liberia, (Chief Zanzan Kawah) is currently the
Head of National Traditional Council of Liberia; his institution represent the
consciences of all traditionalist (Zoos and Chiefs) in Liberia and all cultural practices,
rituals and other norms. Its influence over the whole Liberia and its member are
highly regarded. This interview took place with him and four other including two
female Zoos and the National Traditional Council Headquarters.
Summary of interviews
I.
What do you consider as domestic violence?
Any act that will result in harming the wellbeing of any family member, be it physical,
emotional, verbal or psychological, economical, sexual is domestic violence; any act
that tends to destroy/disturb the cordiality of family relationship, whether physical,
emotional, verbal, financial, or even sexual is domestic violence.
ii. In your opinion what are the forms of domestic violence in your community?
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Beating, punching, biting
Insults
Excessive jealousy
Denial of basic necessities for the family
Any violent behavior
Destruction of properties
Insult and verbal abuses
Unfaithfulness to your partner
Insults
Disrespect
Lack of compassion
Burning your spouse because of jealousy or her property in the home,
requesting for dowry from former partners,
forcing someone to do something they do not like,
not taking care of your family, emotional torture,
not paying school fees or rent
iii. What do you think
society/community?
are
the
causes
of
these
problems
in
your
Growing up in an environment where:
 Media messages that link sex and violence
 A strong sense of entitlement in relationships/marriage as a result of culture
orientation
 Don’t care about the welfare of others
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2013
Feel that exploiting a weaker person is okay
Lack of education by women and girls
Poverty
Lack of sense responsibility
Alcohol and drugs abuse
Excessive alcohol and drug abuse exist
low self esteem/feeling of inadequacy specifically feeling disrespected, rejected,
abandoned, isolated or depressed
early exposure to sexual or other abuses
Crime because of poverty
premature exposure to sexually explicit materials for youth
lack of anger or impulse control
children lack positive male role model in the family
lack of respect for moral norms and values
cohabitation and extra-marital relationships
alcohol and drug abuse
lack of empathy
rigid or distorted gender/sex roles
lack of respect for cultural norms and values
Feel that exploiting a weaker person is okay
Because traditional leaders do not have enough say/control due to the new
laws
Getting unhealthy messages around sexuality is the norm through the media
There is little or no respect for other people
Premarital sex, and cohabiting
Education on human rights issue
i.
Do you think the current measures taken are enough to deter domestic
violence Yes/No (Explain in each case)
Judge Johnson response was that we have moved a step forward in alleviating most of
the serious pains; however, we are far from the point of resting that indeed women are
protected. There are a currently limited number of specialists in the field who
understand the issues being investigated or adjudicate, women’s’ right is everyone
challenge in making the homes and environment safe. The issue is not just
empowerment for only women, empowerment and protection should be directed at
everyone, and even boys have been abused in the homes. The laws should be
accompanied by adequate provision for its implementation.
Dr Ducan-Casell felt it is a process that needs to be given time to manifest, however
there is need for additional tools to address domestic violence, especially when there is
no specific legal instrument. As the nation grows, things change and different needs
arise.
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Sheik Kafoumba Konneh opinion was, that these are temporary steps, legislation in
itself will not be a perfect solution, a community and nationwide approach on how to
build and maintain a healthy family must be on the agenda for change in any future
effort by the Ministry of Gender & Development. There should be a credible Judges,
Magistrate and other court officials in dealing with domestic violence, there is a need
to train them properly and monitoring their actives.
Christian Leader (General Superintendent of Assembly of God Church) said, ‘the
current mechanisms are positive steps, however more education is needed for the
public in additional to laws made, and these laws should reflect the growing need of
the nation.’
ii.
How does your community manage these issues?
The General Superintendent said that domestic violence issue is a real problem in the
society and the church had taken measures to address them from the early stages of
training of Church Leaders, this is done at the Theological Seminary or Colleges to
prepare both Male and Female pastors for these tasks.
Pastors are trained to respect the dignity of women, child up rearing, and the women
ministry in the church, workshop, seminars and Bible school training. Most of all our
marriage and home course all done by all those who would like to get marry in our
church or are married there.
Counseling services are always available for all members in the church, and we work
with anyone who shows these warning signs of being disturb.
The Islamic community has its set rules that Muslims should obey, mostly disputes in
a family are settled by negotiation and counseling, in every case, those who are wrong
are told the truth. Older women and the Imams help manage issues, with both parents
of the man and wife. We offer support to victims of violent relationships, through
provision of food, shelter etc…
This is a challenge faced by each religious community; therefore, in violent cases most
cases are referred.
According to (Chief Kawah
and others)
The culture has set rules for men and women to
by, and the family of the man is responsible for
protection of the woman, and that mistreatment is
allowed, when it occurs fines are levied against
perpetrator (man).
live
the
not
the
Nowadays, young people
do not wait to be given out into marriage, where both parents take responsibility for
the success of relationship, they start having children before getting married, and they
have no respect for cultural value. One of the female Zoos making a point, she talked
about how casual sex is now more the norm for today’s youth within the context of the
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quest for instant gratification so common in today’s culture. However, in our culture,
when domestic violence or spousal abuses take place; the chiefs or elders will
hear cases from both the man and the wife if the issues come to our attention.
They will judge the case in two ways. Issues that are trivial the elders will investigate
and counsel the couples without apportioning blames to anyone. While in very serious
cases, fines have been levied against the culprits (mostly men). Where the issue
involves serious bodily injury or death the community leaders refer the case to the
police.
Tribal court or trial by ordeal has been abolished, making the chiefs and community
less effective in taking punitive measures.
iii.
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Suggestions recommendation for the domestic violence law
institute programs and trainings from a multi-sectoral approach in dealing with
domestic violence
have a budgetary allocation for this law’s effectively implementation before
passing it
Improve public awareness on domestic violence and review policies and
standards regularly and update them to reflect current situations
Empower women, men, girls and boys equally to have balanced society
Improve traditional methods of domestic violence case management
Ensure collaboration at all levels
Empower women through education and skills training
Negative attitudes towards women are different across cultural groups and are
influenced by culturally-specific norms and social relationships, therefore, it is
this attitudes we need to address in young males
Increase public education on the risks associated with domestic violence and its
impact on a family and nation
All future laws should be monitored at all levels
the religious institutions should have role in the law on managing domestic
violence issues
All future laws should accord the religious bodies the opportunity to have a say
in its creation and administration as these are main point of contact for
citizens.
Increase the legal services – all people employed in the courts do not have a
clear understanding on how to deal with domestic violence issues, many judges
or magistrates lack the requisite experience in handling such cases. In our
culture, only men and women who have spent over thirty years and have gained
the admiration and respect in the community can be a part of our decision
making body (according to Chief Kiazulu).
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C. Conclusion
The draft Domestic Violence Law has been extensively reviewed and the issue of
domestic violence discussed with nearly one thousand community members, through
focus group discussions, regional discussions and Key Informant interviews. Section A
and B of the report captures the views of a representative sample of people from 15
counties of Liberia. The draft law was used to elicit views of men, women, boys and
girls in the community on the definitions and various provisions under the law and
also gather information on the current community redress mechanisms to protect
women from violence in their homes.
Domestic violence is a profound betrayal of the love and trust that people have for
those closest to them and the damage it inflicts is equally deep. Domestic violence is
also an abuse of human rights, all those who are affected have the right to report
violence and lead a life free of violence.
The system must recognize that domestic violence is an inherently gendered crime and
viewed as an internal family matter, secondly decision makers in the homes and
community are often men and perpetrators are mostly men. However, children, elders
and differently able (disabled) often face violence from women, men and youth. The
Government and its partners must have a clear plan to put systems and protective
structures in place to ensure survivors are safe and their lives are not jeopardized in
their homes or communities prior to the implementation of the law. The drafters of the
Domestic Violence Law will now have to review the different sections in the law in the
light of the rich discussions and recommendations made by the people of Liberia.
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Annex A: Groups
Groups who participated in the FGDs:
MOGD: Counties covered (Capemount, Bomi, Gbarpolu, Bong, Bassa, Nimba, Lofa,
Grand Geddeh, River Gee, Rivercess, Margibi)
1. Leaders and representatives of women group, youth group, GBV Observatories
Networks, members of the GBV county task forces, GBV actors and service
providers, Law Enforcement officers and court officials. A total of 385
participants (30-40 participants per county) attended the FGDs, of which 60%
were women.
Kvinna til Kvinna
No.
Organization
Sex
Grace S. Borbor
WORIWA
F
Theresa O. Brown
WORIWA
F
Awanah T.R. Flee
WANEP/WIPNET
F
Marie D. Porzah
LOWAL Inc.
F
Helena Torh Turo
SEWODA
F
Haliyah L. Hinneh
SEWODA
F
Atty. Irene N. Saie
AFELL
F
P. Teplah Reeves
AFELL
F
Charlotte
Elliott
B. CLA
F
Rhodell M. Cooper
CLA
F
Elizabeth Harmon
LIFLEA
F
Cynthia Quaqua
LIWEN
F
Wokie Cole
LIWEN
F
George N. Weah Jr SEWODA
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Lucky T. Wesseh
Movement for National Women F
Association
Finda Salay
WONGOSOL
F
Julie N. Roberts
WORIWA
F
Bennetta Warner
LIFLEA
F
Eugene Gray
MARWOPNET
M
Martha J. Wisseh
MARWOPNET
F
Grace Stephen
SOIL
F
Ansu A. Sesay
MARWOPNET
M
Betty Broh
LIFLEA
F
Lena Cummings
WANEP/WIPNET
F
Asatu
Kromah
Bah- LIFLEA
October
2013
F
Diana M. Dennue
WPWHDO
F
Kulah M. Borbor
WPWHDO
F
Nelly S. Cooper
WPWHDO
F
Susanne
Mannberg
KTK
F
Zuleika Candan
KTK
F
Ruth Toby
KTK
F
Musu Dikenah
KTK
F
Timothy Paulus
UNDP
M
3. IRC : Lofa, Nimba and Monserrado
Lofa county:
-
Duogomai Women action group
Kolahun Women Action group
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Foya Women action group
-
Kuzumai WAG- Lofa County
-
Barkadou Women Action Group
Nimba County:
Ganta, Karnplay, Saclepea, Garplay, Tappita and Sanniquellie Women Action group
Montserrado Women action groups:
Barnesville, Chocolate City, Bushrod Island, Morris’ farm, West Point, Slip Way,
Chicken Soup Factory, Matadi and Diaque’s Town
4. Medica Mondiale
Grand Gedeh, Sinoe, and River Gee Counties
Section B: FGD
County
Group
Date
Attendees
Grand
Gedeh
County,
Zwedru
Men,
women, 14th - 16th
1. Female
2. Males Total
religious
June 2013 s
3. 25
4. 35
5. 60
(Christian and
Muslim), youth,
traditional
leaders
Local
authorities
Lofa
County,
Mongolahun
,
Kolahun
and
Voinjama
th
37
Men,
women, 17th - 196.
religious
June 2013
(Christian and
Muslim), youth,
traditional
leaders
7. 23
8. 60
Local
authorities
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Grand
Cape
Mount,
Robertsport
9. 33
Men,
women, 20th – 22nd
religious
2013
(Christian and
Muslim), youth,
traditional
leaders
10. 27
11. 60
13. 85
14. 180
October
2013
Local
authorities
12. 95
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Annex B: Facilitators
Facilitators: MOGD
Assistant Minister Meima Kanneh
Viligeh: GBV UNIT MOGD
Rubylene Brown GBV UNIT MOGD
Timothy Paulus -National Manager GBV JP
Facilitators for Kvinna till Kvinna
Timothy Paulus- National Manager GBV JP
Musu Kasselie Dikenah Program Officer KtK
Facilitators for IRC
Rachel Jackson – Sr. Case Management Officer – Women’s Protection and
Empowerment Program IRC
Anita Tokpa Monger – Sr. Case management officer, Women’s Protection and
Empowerment – International rescue Committee.
Facilitators: Medica Mondiale
Facilitator:
Atty. Alice Kenkpen-Sirleaf
Co-Facilitators:
Elizabeth Green (National Trainer), Veronica Marshall
(Psychosocial Counsellor), Theresa Toe (District Counsellor), Naomi Johnson
(Reproductive Health Trainer)
Facilitators for FGD and Regional Consultations ( section B)
Mr. Joseph Monibah Human Right Division of Ministry of Gender and
Development
Member from Human Right Division of the Ministry of Justice,
IRC
Mohamed A. Sheriff Esq EHUD
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Annex C : Tools
FGD Tool
1) What do you consider as domestic violence?
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
___________________________________________________________________________
2)
DV?
What are the forms of domestic violence in your community? Why is there
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________
3. When these things happen in a community what actions are taken to address
them?
Who do survivors go for help?
What the available services in your community to help survivors?
What are the traditional and formal ( Police, court) structures available in
your community to respond to DV survivors?
iv.
Probe question: where are cases most commonly reported?
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_________
i.
ii.
iii.
Do you think you are actually protected with the current mechanisms in place?
Formal/traditional (Women and Children Protection Unit at the police, hotline at sex
crime unit,
Rape law, Criminal court E etc…)
4.
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_____________________________________________________________________________________
_____________________________________________________________________________________
_____________
5.
In your experience, what obstacles exist to the primary prevention of
domestic violence?
I.
II.
What do you think is the most effective way to overcome these obstacles?
What do you propose must be done?
_______________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
____________________________
6.
How do think DV can be prevented? Make suggestions
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
___________________________________________________________________________
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DOMESTIC VIOLENCE LAW
KEY INFORMANT INTERVIEW
The Ministries of Justice and Gender & Development; with the support of Sweden and
UNFPA and in collaboration with GBV taskforce in Liberia is in the process of drafting a
DOMESTIC VIOLENCE LAW for Liberia. A draft law has been drafted through an
extensive consultative process; we are seeking further inputs from key informants from
different counties as this will be a key instrument in the protection of women, men and
children in a domestic setting.
Do you have any questions before we begin?
I.
What is domestic violence?
II.
In your opinion are women and girls especially in a serious
problem?
III.
What do you think are the causes of these problems in your
society/community?
IV.
How does your community manage these issues?
V.
VI.
Do you think the current measures taken are enough to deter
domestic violence Yes/No (Explain in each case)
Is there anything else you think we need to know?
V11. What is your view/inputs on the recommendations:
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The Mandate of the Ministry of Gender and Development
Victims of Domestic Violence Support Fund
Date:________________________
Location:_____________________________
Kind of
imformant:__________________________________________________
______
Thank you for your time!
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Facilitator Guide:
1. What is domestic relationship? As defined in the draft LAW
Facilitators notes: first ask the group what they understand by domestic
relation/family relation in a home. Once they have listed them out you can
tell them what has been included and ask them if they agree to them. Record
those that have not be defined under the draft law…..
” means a family relationship, a relationship similar to a family relationship or a relationship in a
domestic/ house/home situation that exists or has existed between you and the person who has
abused you”
(a) is or has been married to the abuser including a marriage in accordance with any law, custom or
religion;
(b) lives with the abuser in a relationship in the nature of a marriage, it also includes those that are
not, were not married to each other or could not or cannot be married to each other;
(c) is engaged to the abuser, courting the abuser or in an actual or perceived romantic, intimate or
cordial relationship not necessarily including a sexual relationship with the abuser;
(d) and the abuser are parents of a child, are expecting a child together or are foster parents or
adoptive parents to a child excluding:
(i.)
where the child is conceived as a result of rape; or
(ii)
where the parties contributed genes for artificial insemination, in
Vitro fertilization or similar fertilization techniques, but have no other
relationship;
(e) and the abuser are family members related by, affinity or adoption, or would be so related if they
are married either customarily or under any law, or were able to be married, or if they were
living together as spouses although they are not married;
(f) and the abuser share or shared the same residence or are co-tenants, or is or was financially
dependent on the other;
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(g) is a parent, an elderly blood relative, or is an elderly person who is by law a relative of the abuser;
(h) is a house-help in the household of the abuser;
(i) lives in or attends a public or private care institution and is under the care and control of the
abuser; and
(j) “guardian” means a person who has custody or control of a child whether by operation of law,
tradition or otherwise;
(k) is in a relationship determined by the court to be a domestic relationship
Who is a Relative?
"relative" in relation to a person, means:
(a) the father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, grandmother,
grandfather, grandson or granddaughter of that person or of that person´s spouse or former
spouse, or
(b) the brother , sister, uncle, aunt, niece or nephew (whether of the full blood or of the half blood or
by affinity) of that person or of that person´s spouse or former spouse, and includes, in relation to
a person who is living or has lived with another person as husband and wife, any person if they
were married to each other;
2. What is domestic Violence?
Facilitators notes: Ask the group what they understand by domestic
violence. Always mention it has to be within the home and not violence in
the community. Once the participants have listed the forms as
experienced by their communities you could mention some of the forms
that may not be mentioned by them… for example sassyhood, trail by
ordeal, forced FGM before 18 years, forced marriage etc… ask them if
these are also forms of violence
The forms of domestic violence include, but are not limited to:
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(a)
“physical abuse,”
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meaning any act or threatened act of physical violence to a person,
physical violence being any behavior that violates a person’s bodily integrity or health; and
(b) “emotional,
verbal and psychological abuse,”
meaning a pattern of degrading or
humiliating conduct towards a person including any behavior that causes emotional
damage
controlling behavior, embarrassment, humiliation, manipulation, isolation, constant surveillance,
constant pursuit, insult, intimidations, blackmail, ridiculing, exploitation and limitation of the
rights to come and go,
repeated exhibition of obsessive possessiveness or jealousy, invading a
person’s privacy, liberty, integrity or security, or any other acts that cause damage to the person’s
psychological health and self-determination, or any series of acts which
collectively cause a
person to fear for his or her safety and life;
(c)“economic
abuse,”
means the depriving the person of economic or financial resources to
which a person is entitled under the law or which a person requires out of necessity, for example
not paying for household goods, rent, or damaging property owned by a person within a domestic
relationship or personal belongings, or inflicting harm to animals or pet of such person;
(d)“Sexual
abuse,” means any conduct that abuses, humiliates, degrades the sexual integrity of
the person; including any act or threatened act of sexual violence, forcing a person to witness,
maintain or participate in unwanted sexual intercourse by means of force, threat, coercion or the
use of force, forcing the person to commercialize or to use, in any way, his or her sexuality, or that
forces a person to marry, to become pregnant, to have an abortion or to engage in prostitution
through coercion, blackmail, bribe, manipulation, intimidation or other illegal means, and confining
or detaining a person against their will; and
(a) preventing the person from engaging in any legitimate profession, occupation, business or
activity.
(b) depriving the person of the right to the use property owned in common
(e) harassment;
(f) dowry-related violence,
(c) female genital mutilation performed on a person under the age of eighteen (18) or a person
eighteen (18) years old or over without their consent;
(d) subjected to certain forms of cultural torture, prohibited “sassy wood” as defined in local
government rules and regulations, or other trial by ordeal
3. What do you do when Domestic Violence happens/reported in your community?
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Facilitators notes: this question is aimed at understanding available
mechanisms in the community, who are the people who facilitate these
discussions/compromises/solutions in the community, what happens of
the domestic violence results in physical injury… who takes decisions on
who to go to?
4. What should be done once there is a law?
Facilitators notes: this is to ensure there is follow plan once the law is
passed.
5. Any other questions as decided by the facilitator….
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